Alaska Statutes
Alaska Stat. § 29.35.210 (2026)
Second class borough powers
✓ current as of July 2026
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Sec. 29.35.210. Second class borough powers.
(a) A second class borough may by ordinance exercise the following powers on a nonareawide basis:
(1) provide transportation systems;
(2) regulate the offering for sale, exposure for sale, sale, use, or explosion of fireworks;
(3) license, impound, and dispose of animals;
(4) subject to AS 29.35.050, provide garbage, solid waste, and septic waste collection and disposal;
(5) provide air pollution control under AS 46.14.400;
(6) provide water pollution control;
(7) participate in federal or state loan programs for housing rehabilitation and improvement for energy conservation;
(8) provide for economic development;
(9) provide for the acquisition and construction of local service roads and trails under AS 19.30.111 — 19.30.251;
(10) establish an emergency services communications center under AS 29.35.130;
(11) subject to AS 28.01.010, regulate the licensing and operation of motor vehicles and operators;
(12) engage in activities authorized under AS 29.47.460;
(13) contain, clean up, or prevent a release or threatened release of oil or a hazardous substance, and exercise a power granted to a municipality under AS 46.04, AS 46.08, or AS 46.09; the borough shall exercise its authority under this paragraph in a manner that is consistent with a regional master plan prepared by the Department of Environmental Conservation under AS 46.04.210;
(14) establish an energy and resilience improvement assessment program under AS 29.55.100 — 29.55.165.
(b) A second class borough may by ordinance exercise the following powers on an areawide basis:
(1) provide transportation systems;
(2) license, impound, and dispose of animals;
(3) provide air pollution control under AS 46.14.400;
(4) provide water pollution control;
(5) license day care facilities;
(6) establish an energy and resilience improvement assessment program under AS 29.55.100 — 29.55.165.
(c) In addition to powers conferred by (a) of this section, a second class borough may, on a nonareawide basis, exercise a power not otherwise prohibited by law if the exercise of the power has been approved at an election by a majority of voters living in the borough but outside all cities in the borough.
(d) In addition to powers conferred by (b) of this section, a second class borough may, on an areawide basis, exercise a power not otherwise prohibited by law if the power has been acquired in accordance with AS 29.35.300.
(a) A second class borough may by ordinance exercise the following powers on a nonareawide basis:
(1) provide transportation systems;
(2) regulate the offering for sale, exposure for sale, sale, use, or explosion of fireworks;
(3) license, impound, and dispose of animals;
(4) subject to AS 29.35.050, provide garbage, solid waste, and septic waste collection and disposal;
(5) provide air pollution control under AS 46.14.400;
(6) provide water pollution control;
(7) participate in federal or state loan programs for housing rehabilitation and improvement for energy conservation;
(8) provide for economic development;
(9) provide for the acquisition and construction of local service roads and trails under AS 19.30.111 — 19.30.251;
(10) establish an emergency services communications center under AS 29.35.130;
(11) subject to AS 28.01.010, regulate the licensing and operation of motor vehicles and operators;
(12) engage in activities authorized under AS 29.47.460;
(13) contain, clean up, or prevent a release or threatened release of oil or a hazardous substance, and exercise a power granted to a municipality under AS 46.04, AS 46.08, or AS 46.09; the borough shall exercise its authority under this paragraph in a manner that is consistent with a regional master plan prepared by the Department of Environmental Conservation under AS 46.04.210;
(14) establish an energy and resilience improvement assessment program under AS 29.55.100 — 29.55.165.
(b) A second class borough may by ordinance exercise the following powers on an areawide basis:
(1) provide transportation systems;
(2) license, impound, and dispose of animals;
(3) provide air pollution control under AS 46.14.400;
(4) provide water pollution control;
(5) license day care facilities;
(6) establish an energy and resilience improvement assessment program under AS 29.55.100 — 29.55.165.
(c) In addition to powers conferred by (a) of this section, a second class borough may, on a nonareawide basis, exercise a power not otherwise prohibited by law if the exercise of the power has been approved at an election by a majority of voters living in the borough but outside all cities in the borough.
(d) In addition to powers conferred by (b) of this section, a second class borough may, on an areawide basis, exercise a power not otherwise prohibited by law if the power has been acquired in accordance with AS 29.35.300.
Notes of Decisions
Cited in 3
cases, 2006–2012 · leading case: Stevens v. Matanuska-Susitna Borough, 146 P.3d 3 (Alaska Ct. App. 2006).
Stevens v. Matanuska-Susitna Borough, 146 P.3d 3 (Alaska Ct. App. 2006). “[4] In arguing that the Borough acted outside its authority in enacting the noise ordinance, Stevens points to AS 29.35.210, which lists the powers second-class boroughs have discretion to exercise.”
Cutler v. Kodiak Island Borough, 290 P.3d 415 (Alaska 2012). “050 nor AS 29.35.210, the statutes from which the Borough derives its garbage-service authority, "makes any mention of the authority to turn garbage collection charges into liens against the real property served.”
All. of Concerned Taxpayers, Inc. v. Kenai Peninsula Borough, 273 P.3d 1128 (Alaska 2012). “180; AS 29.35.210. 2 . AS 29.53.420 provided in relevant part: The assembly shall hold a referendum vote on the question of enacting a sales tax or increasing the rate of levy of sales taxes.”
Alaska Stat. § 29.35.210(a)(4): 1 case
Cutler v. Kodiak Island Borough, 290 P.3d 415 (Alaska 2012). “050 nor AS 29.35.210, the statutes from which the Borough derives its garbage-service authority, "makes any mention of the authority to turn garbage collection charges into liens against the real property served.”
Alaska Stat. § 29.35.210(c): 1 case
Stevens v. Matanuska-Susitna Borough, 146 P.3d 3 (Alaska Ct. App. 2006). “[4] In arguing that the Borough acted outside its authority in enacting the noise ordinance, Stevens points to AS 29.35.210, which lists the powers second-class boroughs have discretion to exercise.”
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